Common use of Recall to Duty Clause in Contracts

Recall to Duty. 35.5.3.1 An Employee who is recalled by the Employer to work for any purpose shall be paid a minimum of three hours at the appropriate overtime rate of pay, provided that the Employee shall not be required to work for three hours if the work for which the Employee was recalled to perform is completed in less time. 35.5.3.2 Where an Employee is recalled to duty in accordance with clause 25.5.3.1, the payment of the appropriate overtime rate shall: (1) in the case of an Employee who is on call, commence from the time the Employee starts work; or (2) in the case of an Employee who is not on call, include time spent travelling to and from the place of duty where the Employee is recalled to perform emergency duty, within the overtime payment for actual duty performed. 35.5.3.3 If an Employee on call is able to resolve an issue by use of digital or electronic apparatus without having to return to work, this will not constitute a recall to duty. Where an issue is able to be resolved by digital, electronic or other means without the necessity to return to work the three hour minimum in clause 35.5.3.1 above will not apply. Instead, the Employee will receive overtime for the time spent resolving the issue, paid in 15 minute increments.